Charges were dropped Tuesday against one of two men accused of a Harbor Gateway gang-related shooting into a car full of people last year. A young boy inside the car was hit in the head.

Prosecutors told Long Beach Superior Court Judge Gary Ferrari that they were unable to proceed to trial against Ismael Torres, 27, of Wilmington.

“I did not feel the evidence that we have allows me to prove the charges against Torres beyond a reasonable doubt,” said Deputy District Attorney John Lonergan.

Torres was arrested, along with Ernesto Murillo, 26, of Harbor Gateway, for the March 4 shooting near 227th Street and Halldale Avenue.

At a preliminary hearing in June, the five adult family members in the car identified Murillo as the shooter and Torres as being at the scene.

Also in the car were two toddlers and then-6-year-old Laverya Elzy, who was shot in the head but survived.

The adults testified they were driving around looking for cars for sale, and saw Murillo make gang signs before he fired into their sport utility vehicle. At least one said she saw Torres hand Murillo a gun.

The men were both charged with three counts of attempted murder, five counts of assault with a deadly weapon and one count of shooting at an inhabited vehicle.

They also faced allegations that the crimes were gang-related and caused great bodily injury.

A police gang expert said Murillo was a known member of a Torrance gang, while Torres was possibly a newer recruit.

Lonergan said he expected to call Torres as a witness when Murillo goes on trial. His trial is currently scheduled to begin March 17.

Lonergan said he also expects that the jury will hear from Laverya, who continues to recover from his injuries but has returned to school, he said.

A bullet remains lodged in his head and, while he has recovered his motor skills, it remains unknown what kind of damage his developmental and cognitive skills have suffered, Lonergan said.

Torres’ attorney, Kevin Donahue, said his client cried tears of joy at being dismissed from the case.

“We’re very, very happy and really have a whole lot of gratitude to Mr. Lonergan, the D.A., who really properly evaluated the case,” he said. “Mr. Torres really had nothing to do with this – it was about being in the wrong place at the wrong time.”